In a judgment delivered today (the 1st October 2015), the Supreme Court declined to interfere with the order of Bombay high court to cancel the anticipatory bail granted to two engineers working in Rural Water Supply Department of Zilla Parishad, Jalgaon in Maharashtra who were alleged to have committed offences of corruption and misappropriation of the public funds. This judgment was delivered by Justice Dipak Misra and Justice Prafulla C. Pant in the case of Sudhir v. State of Maharashtra [Criminal Appeal Nos. 1286-87 of 2015].
The Supreme Court noted that two First Information Reports (FIRs) were registered against them with the serious allegations of criminal misappropriation of funds released for implementation of schemes of drinking water in the villages of Waghlud and Sonwad Khurd in Tehsil Dharangaon. The FIRs in respect of these crimes appeared to have been registered only after enquiries were made under directions of Revenue Commissioner, by Deputy Commissioner (Development), Nasik Region, who found substance in the allegations against the appellants. In first case, there is allegation of misappropriation of Rs.28.35 lacs, and in second case, the allegations relate to misappropriation of Rs.13.75 lacs.
It was argued on behalf of the State that there is requirement of the custodial interrogation of these accused engineers and that the investigation could not progress as they could not be interrogated.
After considering the gravity of the offence, circumstances of the case, particularly, the allegations of corruption and misappropriation of public funds released for rural development, and further considering the conduct of the accused persons and the fact that the investigation is held up as their custodial interrogation could not be done due to the anticipatory bail, the Supreme Court held that the High Court has rightly cancelled the anticipatory bail granted to the said two public servants by the Additional Sessions Judge, Jalgaon.
The full judgment in this case can be seen online here.
